Supreme Court of India · 1980-11-25
BRIJENDRA SINGH vs STATE OF U.P. & ORS.
- Citation / case number
- SC 1980/63448
- Court
- Supreme Court of India
- Petitioner
- BRIJENDRA SINGH
- Respondent
- STATE OF U.P. & ORS.
- Author
- RANJIT SINGH SARKARIA
- Bench
- RANJIT SINGH SARKARIA
Judgment text excerpt
The Supreme Court interpreted Section 5(6) proviso (b) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, which concerns the definition of 'good faith' in land transfers. The Court held that a sale made by a tenure-holder for adequate consideration and under an irrevocable instrument cannot be deemed not in 'good faith' solely because the tenure-holder failed to prove the necessity for the sale. The judgment clarified that the context of 'good faith' requires a bona fide transfer without collusion or subterfuge, allowing the appeal and reversing the lower authorities' decisions.